Introduction

The following material is excerpted from the booklet "Landowner's Guide to Incorporating Irrigation Ditches and Laterals." This introduction provides some basic background about Colorado irrigation ditches and common irrigation practices. See also Advantages of Incorporation for more information.

Many of Colorado's irrigation systems were built in the early 1900's to provide water for farms and ranches. As our population increases, many of these farms and ranches are being subdivided into smaller parcels. Today, an irrigation headgate that originally delivered water to a single 40-acre farm might be serving more than 40 separate landowners in a subdivision on the same 40 acres. This in itself is not a problem - the same amount of irrigation water is needed for the land. However, the water must now be delivered to accommodate the needs of 40 different people instead of just one farmer.

When the farm irrigated the 40 acres, there was only enough water to irrigate a few acres at a time. After irrigating the first few acres, the farmer would "change the set" (move the water to a different part of the field.) It took the farmer a week or so to irrigate all 40 acres. In today's 40-acre subdivision, we have about the same amount of water as the farmer did. If we all try to irrigate on the same day, there probably won't be enough water for everybody. It may be necessary for us to take steps to manage our water to ensure that everyone gets their fair share when they need it. We may also need to organize as a group in order to equitably share the responsibilities and costs for lateral maintenance and repairs.

Following the step-by-step process in this guide will help you organize, manage, and at the same time learn about your lateral. Although the booklet describes how to incorporate your lateral, much of the information also applies if you are forming a Homeowner's Association to manage your lateral, or you just want to learn more about your delivery system. The two basic parts of incorporating are: 1) gathering information and organizing the lateral with the other landowners, and 2) managing the lateral for the future benefit of the landowners.

If you decide to incorporate your lateral, we recommend that you organize as a nonprofit mutual ditch company (corporation). You will need to choose a method for establishing ownership in the corporation. This can be done either by membership or by shares (stock certificates). Issuing shares or stock ownership certificates involves some extra paperwork and expense, but has some advantages. For example, stock certificates provide each landowner with a legal document certifying their ownership in the corporation.

Whether or not you choose to incorporate your lateral delivery system, there are three important keys to success:

1) communication,

2) cooperation, and

3) a working knowledge of your lateral delivery system.

Learning all you can about your delivery system is the first step toward solving problems on your lateral.

If you complete Step 1 of the process outlined in this booklet, you will gain a good working knowledge of your system. The remaining steps involve communication and cooperation with the other landowners on your lateral.

This booklet will help you start organizing your lateral. Please read the information provided (refer to the Glossary of Terms on page 19 for definitions of any unfamiliar terms), talk to your irrigation company or district, and consult the references and information sources listed for additional help.

Good luck and happy irrigating!

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